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(영문) 제주지방법원 2018.06.11 2017고단2808
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2007, the Defendant was sentenced to a fine of one million won due to a violation of road traffic law at the Jeju District Court on May 2, 2007, and on December 20, 2010, the Defendant was sentenced to a fine of one million won due to the same crime in the same court.

피고인은 2017. 10. 7. 21:45 경 혈 중 알콜 농도 0.092% 의 술에 취한 상태에서 서귀포시 대정읍 하 모리 땡 큐 주점부터 서귀포시 대정읍 소재 상모 2리 사무소까지 약 2km 가량 의무보험에 가입되어 있지 아니한 B 오토바이를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Investigative into the offender's place and mandatory insurance;

1. References to inquiries, such as criminal history, and application of summary order statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (referred to driving under drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the course and taking into account all the various sentencing conditions specified in the argument of the instant case, and in particular, the following circumstances shall be taken into account: The favorable circumstances: the operation of a motor vehicle, the operation of a motor vehicle, or the operation of a motor vehicle, is unfavorable: The fact that a person has been punished twice by drinking

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